Real Estate Investing 101 and Beyond

1     1.     What reasons do I need to file an eviction? You can file an eviction if a tenant refuses to vacate the premises after the service of a proper notice to the tenant.  Whether or not a notice is “proper” is determined by law and by the lease.  Different types of notices are required depending on the reason for the termination.  For example, a notice that terminates due to the nonpayment of rent is a different notice than a notice based on criminal activity. You must consult the landlord tenant statute found HERE .       2.     How do I begin an eviction? All evictions begin with a proper notice that tells the tenant to vacate the premises.  Once the notice expires, an eviction complaint is filed with the Clerk of the County Court.       3.     Can I evict a tenant who has children? You can evict any tenant who fails to comply with the lease.   ...

Considering the shortage of money and abundance of bad credit it’s no wonder these two terms are coming up more often. I’m not here to teach you how to broker either one of these deals, but rather just set you straight on what they are, define/clarify some terms   and offer my input on   some of the benefits, risks, etc. First and most importantly , let’s get the language down first.   A subject to deal is not the same as an assumption which also means the terms are not interchangeable.   Please… stop doing this. You will get yourself into major trouble by promising a deal using one term when what you are really intending to do is another – innocently or not. SUBJECT TO MORTGAGE A subject to deal is when you agree to purchase a property subject to the existing mortgage already attached to the property. This means the existing loan will not be satisfied at closing. In a conventional deal, that existing mortgage would be paid off at closing and a satisfa...

If you are not familiar with the new CFPB requirements you better get that way. Any closing involving a loan will be very different. As a real estate agent, investor, closer, attorney, etc., get ready. If you are prepared the transition will be much smoother.   As a result of these CFPB requirements taking effect October 3 rd , the Far-Bar As-Is Contract all investors know and love has changed. The changes to be noted and things to consider are as follows: I. When to use the new Far Bar As-Is Contract The new Far-Bar should be used on any deal in which Buyer will be submitting an application for a loan on or after October 3 rd   .  Keep in mind, “any loan” involves those loans with conventional financing. This does not apply to private or hard money loans. II. What Has Changed In order to keep this blog from being pages and pages long let me caveat this section by saying that I am giving the very short version of what has changed in each section. You must r...

So, your broke tenant who hasn’t paid you in 3 months has apparently abandoned the unit, and the neighbors say they saw the tenant carrying out boxes in the middle of the night. You take a peek and see that the place is cleared out except for an old mattress on the floor, a huge poster of a unicorn on the wall and a box of toiletries in the bathroom. You’re thinking, “What a stroke of luck!” and you start marketing the property for a new tenant. Not so fast.  While you may think this is a pretty cut and dry issue, you need to at least consider the law of abandonment of the premises. Florida Statute 83.59(3) (c) sets forth how to determine if a unit has been abandoned : In the absence of actual knowledge of abandonment, it shall be presumed that the tenant has abandoned the dwelling unit if he or she is absent from the premises for a period of time equal to one-half the time for periodic rental payments.  However, this presumption does not apply if the rent is current ...

I am honored to announce that I have been asked to sit on the panel dealing with land trust at the Seminole County Subchapter Meeting for the Central Florida Real Investors Network on September 9th. For more information and to sign up for the meeting please visit the CFRI Subgroup Page.

I recently received an email wondering where the rest of the blog installments on the As-Is Contract are published and have received a lot of questions about the land trust series. First, thank you for following the Richards Law Firm blog and for some pretty amazing questions on land trusts – I am official impressed by some of your genius ideas. Second, the blog has been mum for a few months because I have been hoarding content. Sort of. How does a blog post about a recent court case that could spell THE END of deed restrictions on short sales and REO’s sound? You won’t believe how the Court ruled. Also coming soon are tips to cover your bases in a tenant abandonment, the myth about super priority status of code liens and of course the rest of the discussion on the ever popular As-Is contract just to name a few. So where are all of these blog posts – especially THE DEED RESTRICTION case? I will be publishing all of the new articles in September at Kuzza.com  - and on this ...

I had actually decided I wanted to do something to raise money for The Wounded Warrior Project a few weeks ago, but decided to wait to announce it until we were closer to the month of May in order to coincide with Memorial Day. I think it's a great organization, and this was an easy way for me to help a group I feel we owe so much.  In light of the recent events in Baltimore I am even more motivated to start this campaign. What does Baltimore have to do with a private persons random decision to raise money for The Wounded Warrior Project?  Well, I'll just hop right on my little soap box and tell you. It all started when I heard a "demonstrator" attempt to justify his actions by saying it was his "right" to do so. ??? As we all know, our freedoms and justice system created to protect them were not free. They were paid for at a very high price. That price was paid for by the death of countless men and woman who sacrificed absolutely everything for those fr...

As promised, this is going to start off a short series on the FAR BAR As-Is Contract. I was feeling bad about how long it has taken me to get a new post on here, but it turned out for the best. Last week I gave a short little presentation on the As-Is to a group of investors at the Leverage Connections Network Meeting and the questions from the attendees were fantastic. Their questions made me more aware of what content will be helpful for newbie investors – and some more experienced ones who may have gotten a little lazy. Sorry, truth hurts. Before we get into the terms of the contract let’s first have a quick little discussion about what using an As-Is Contract means. An As-Is offer means the buyer accepts the property in its current As-Is physical condition. That means if the house has a bad roof buyer accepts the responsibility of that roof. It does not mean buyer accepts the fact that there is an open roof permit pulled to fix the roof or that there is a code lien on the p...